HC directs state to decide heritage status of South Bombay building

MUMBAI: Bombay high court on Friday directed the Maharashtra government to decide on the heritage status of Morena House, an art deco-style building on Carmichael Road. A division bench of Chief Justice Manjula Chellur and Justice Girish Kulkarni set aside the state’s order that approved “the opinion of BMC that Morena building is not a grade II-B heritage structure”. The state has been given eight weeks to arrive at a decision on whether Morena House, which once housed the Belgium Consulate, is a grade II-B or a grade III heritage structure, or if it is a building listed in the heritage precinct. The court has prohibited its demolition till the state decides on its heritage listing and grade.

Morena house was purchased by Windsor Residency, controlled by steel tycoon Sajjan Jindal’s family, in 2008. The real estate company received permission to pull down the 1930s ground-plus-one bungalow to construct a highrise, before Carmichael Road Residents’ Association moved court to challenge the demolition.

If the bungalow is designated as a grade II heritage structure, redevelopment is prohibited unless there is written permission from the municipal commissioner. A lower grade III heritage status would enable redevelopment of up to 24 metres without special permission.

The petition filed by Carmichael Road residents Prakash Mehta and Dilnar Chichga had said demolishing the bungalows would “cause a significant loss to the integrity of the Pedder Road and Carmichael Road precinct’’. They added that it was “not disputed that the building merits a grade II-B categorisation on the basis of its appearance and design. The heritage review committee said its status as a graded building may be reviewed after documentation. But the municipal commissioner erroneously interpreted the observation of the heritage review committee as meaning that Morena building can only be considered as a building situated in a heritage precinct and not a graded building’’.

Windsor Residency contested the heritage designation, pointing out that a 2012 proposed listing did not specifically the name Morena. They claimed to have all permission for its redevelopment.